HomeMy WebLinkAboutMinutes - Election Code Committee - 06/16/2022 -
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June 16, 2022
ELECTION CODE COMMITTEE MEETING
1:15 PM
COMMITTEE MEMBERS PRESENT: Canonico, Arndt (remote), Ohlson (remote)
OTHER COUNCILMEMBERS PRESENT: Gutowsky (remote)
STAFF PRESENT: Rita Knoll, Ryan Malarky, Tammi Pusheck, Carrie Daggett, Anissa Hollingshead,
Rupa Venkatesh, Logan Armstrong, and Marcus Bodig (remote)
1. CALL MEETING TO ORDER
2. ROLL CALL
(**Secretary’s Note: Mayor Arndt arrived at 1:30 PM).
3. PUBLIC COMMENT
None.
4. PUBLIC COMMENT FOLLOW-UP
None.
5. CONSIDERATION AND APPROVAL OF THE MAY 31, 2022 COMMITTEE MEETING MINUTES
Councilmember Ohlson made a motion, seconded by Chair Canonico, to approve the May 31, 2022
meeting minutes. The motion was adopted unanimously.
6. PRESENTATION OF REDISTRICTING OPTIONS AND POSSIBLE RECOMMENDATION
City Clerk Hollingshead stated GIS has completed an analysis of the populations in split districts.
Marcus Bodig, GIS, detailed that analysis and the process used to attempt to balance the population in
those blocks. He stated each split block was visually verified and all four options are still viable based
on this analysis.
Councilmember Ohlson commended the work done on this topic and stated he is confident in the
results. Chair Canonico concurred.
Chair Canonico asked if all four options will be forwarded to Council. Councilmember Ohlson noted the
Committee does have the option to make a recommendation, however, he is fine not doing so.
Chair Canonico noted the deviation is lower in option three than four; however, those two options seem
to be the better two.
Councilmember Ohlson suggested taking all four options to Council for its consideration. Chair
Canonico concurred.
Councilmember Gutowsky asked what changes were made to the four options based on the GIS
analysis. Bodig replied only minor tweaks were made and no changes were made to the options; staff
verified the populations were still accurate and the deviations were correct. He clarified options one
and two would allow the Mulberry annexation population to be split between two different districts and
options three and four would place that entire population into district one.
(**Secretary’s Note: Mayor Arndt arrived at this point in the meeting.)
Mayor Arndt concurred with the idea of bringing all four options to the full Council.
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7. REVIEW OF POTENTIAL CHARTER AMENDMENT BALLOT QUESTIONS
City Attorney Daggett outlined the ordinances that will present the April to November election timing
shift and the ranked choice voting questions to Council to either be placed on the ballot or modified.
Members and City Attorney Daggett discussed language additions that would clarify the term
extensions would occur only one time.
Councilmember Ohlson made a motion, seconded by Mayor Arndt, that the Committee make a
recommendation to Council to adopt the ordinance to submit to a vote of the registered electors of the
city of Fort Collins a proposed amendment to the City Charter shifting the City’s regular municipal
election from each odd year April to each odd year November.
Mayor Arndt asked if adoption of this ordinance would mandate coordinated elections or still allow for
the possibility of having municipal elections in November. City Attorney Daggett replied the language
does not commit to a coordinated election and Council will ultimately decide if the election remains
municipal or becomes coordinated. The motion was adopted unanimously.
City Clerk Hollingshead outlined the ranked choice voting ordinance. City Attorney Daggett and City
Clerk Hollingshead discussed the options for dealing with a disqualified candidate in the case of ranked
choice voting.
Councilmember Ohlson asked if the language could be modified between first and second reading.
City Attorney Daggett replied in the affirmative.
Councilmember Ohlson asked if a candidate has ever been disqualified after being elected. City
Attorney Daggett replied she is unaware of one; however, the provision does exist and the ranked
choice voting method provides a different option.
Councilmember Ohlson suggested changing the language between first and second reading.
Mayor Arndt stated ranked choice voting allows for retabulation which would seem to be the logical
option in the case the top vote getter is disqualified. Councilmember Ohlson and Chair Canonico
agreed. City Attorney Daggett stated the language could be changed prior to first reading if so desired.
Members concurred that would be the best option.
City Attorney Daggett clarified the change discussed would occur in a municipal election; however, if
the election was coordinated, the County Clerk would handle the issue in accordance with the
Secretary of State’s rules for ranked choice voting.
Councilmember Ohlson made a motion, seconded by Mayor Arndt, to adopt the ordinance submitting to
a vote of the registered electors of the city of Fort Collins a proposed amendment to the City Charter
concerning the use of ranked choice voting method to elect future mayors and councilmembers of the
City of Fort Collins, making changes based on the Committee discussion relating to section 7 on page 2
of this ordinance. The motion was adopted unanimously.
8. REVIEW OF POTENTIAL CAMPAIGN FINANCE CODE AMENDMENTS
City Attorney Daggett outlined the changes that have been made since the last discussion of this item,
including a change to address the issue of individuals providing professional services which states that
services are not a contribution unless they are something for which a fee would commonly be paid.
Members supported the change.
City Attorney Daggett outlined the next change which provides an exception to the definition of
contribution of mailing lists that have never been sold or offered for sale. Members supported the
change. City Attorney Daggett noted the language would not keep an organization from giving a
candidate a mailing list that may be quite valuable if it were never for sale.
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Councilmember Ohlson suggested lists from organizations should not be allowed to be given to
candidates unless fair market value is paid.
Members supported moving forward with the language as currently presented unless another option is
developed by the City Attorney’s Office.
City Attorney Daggett commented on additional changes, including deleting a portion of the definition of
contribution-in-kind, adding a requirement that the periodic reports include cumulative totals of
contributions, contributions-in-kind, and expenditures, and making certain offenses criminal rather than
civil, such as knowingly accepting illegal or prohibited contributions, having a candidate make a
contribution that someone will reimburse, and coordinating committees.
Councilmember Ohlson stated it is nearly impossible to prove ‘with intent’ or ‘knowingly’ and stated
individuals who are attempting to play by the rules should not be placed at a competitive disadvantage
in a campaign. City Attorney Daggett replied ‘knowingly’ is not a particularly high bar and means an
individual intended to do something; however, intentionally is a higher bar and willfully is even higher.
Councilmember Ohlson stated he could accept the use of the word ‘knowingly.’
Councilmember Ohlson made a motion, seconded by Mayor Arndt, that the Committee recommend the
adoption of the potential campaign finance code amendments in Ordinance No. 079, 2022. The motion
was adopted unanimously.
9. REVIEW OF TIMELINE FOR PRIORITIES
City Clerk Hollingshead outlined the upcoming Council and Committee dates and asked if the
Committee would like to hold its June 27th meeting. Members agreed to keep the meeting on the
calendar until staff and Chair Canonico make a determination.
10. OTHER BUSINESS
11. ADJOURNMENT
The meeting adjourned by unanimous consent at 2:41 PM
MINUTES APPROVED AT THE AUGUST 15, 2022 ELECTION CODE COMMITTEE MEETING